Declarations as Subsequent Practice and as Aid in the Judicial Interpretation of the Charter

  • Obed Y. Asamoah


We have discussed in some detail the powers of interpretation of the Charter which the Assembly and other organs of the United Nations possess. Questions concerning the interpretation of the Charter come before the International Court of Justice in which the practices of the Assembly and other organs are important.


Supra Note Security Council Vote Procedure Judicial Interpretation United States Supreme 
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    Fitzmaurice, “Law and Procedure of the International Court of Justice, 1951–4,” 33 Brit. Tb. Int’l L. 225 (1957). As explained by him one is talking here of a revision brought about by practice or conduct rather than affected by and recorded in writing. Agreements can result from conduct. He continues to say that looked at this way a legitimate place can be found for the doctrine of emergent purpose, i.e., an “extreme and dynamic form of the teleological approach, according to which the notion of object or purpose is itself not a fixed and static one, but is liable to change, or rather develop as experience is gained in the operation and working of the Convention.” Id., at 208. The Convention is then to be interpreted not according to what the object was when entered into but what it has since become. There is some analogy, he says, with the development of constitutions by pronouncement of the Courts. See Dissenting Opinion of Winiarski in Certain Expenses of the United Nations case, (1962) I.C.J. Rep. 230-231.Google Scholar
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Copyright information

© Martinus Nijhoff, The Hague, Netherlands 1966

Authors and Affiliations

  • Obed Y. Asamoah

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